Samudri Devi @ Shila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21065 of 2025 Arising Out of PS. Case No.-221 Year-2024 Thana- CHANDI District- Bhojpur ====================================================== 1.

Samudri Devi @ Shila Devi W/O Late Haridwar Yadav @ Late Haridwar Singh Village- Rampur P.S -Chandi District- Bhojpur 2.

Kiran Devi wife of Pramod Yadav @ Pramod Kumar Village- Rampur P.S -Chandi District- Bhojpur 3.

Pramod Kumar @ Pramod Yadav Son of Late Haridwar Yadav @ Late Haridwar Singh Village- Rampur P.S -Chandi District- Bhojpur 4.

Rita Devi wife of Rajesh Kumar Singh Village- Rampur P.S -Chandi District- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandan Kumar, Advocate Mr. Bikram Vishal Kumar, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-04-2025 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Chandi Police Station Case No. 221 of 2024, disclosing offences under Sections 80 and 3(5) of the Bhartiya Nyaya Sanhita.

3. As per the prosecution case, the informant's daughter was married to co-accused Shyam Yadav and son-in-law of the informant informed on 21.12.2024 that the informant's daughter namely, Ritu Kumari (deceased) has died due to electric current. When the informant and his family members arrived at the

2/4 matrimonial house of the deceased, they saw her dead body was lying under the stairs and no one was present from the side of the petitioners. It has further been alleged that due to nonfulfillment of demand of dowry the daughter of the informant has been killed by strangulation.

4. Learned counsel for the petitioners submit that the marriage of the deceased was solemnized with the co-accused in April, 2023. The allegation against the petitioners are general and omnibus in nature and petitioner no. 1 is the mother-in-law of the deceased and petitioner no. 2 is the sister-in-law, petitioner no. 3 is the brother-in-law and petitioner no. 4 is married Nanad of the deceased. The compromise has been arrived at between the parties and one compromise petition has been filed before the concerned Court.

5. Learned counsel for the State has opposed the prayer for bail and submits that within one year of the marriage, the informant's daughter has been killed in her matrimonial home for demand of dowry.

6. I have heard learned counsel for the parties and from perusal of the materials on record, including the impugned order, it appears that within one year of marriage, the informant's daughter has died under suspicious condition in her

3/4 matrimonial home. There is allegation of demand of dowry and due to non-fulfillment of demand, the informant's daughter has been killed. Nature of death is not important whether it is accidental, suicidal or homicidal but the fact that within one year of the marriage, the deceased died at her matrimonial home and there is close proximity of time between the demand of dowry and death of the informant's daughter. Petitioner no. 1 is mother-in-law and is responsible member of the family accordingly, I am not inclined to grant anticipatory bail to the petitioner no. 1.

7. This application in respect of petitioner no. 1 is, accordingly, dismissed.

8. Insofar as the petitioner nos. 2, 3 and 4 are concerned, they are extended members of the family and petitioner no. 4 is a married nanad, I am inclined to grant bail to the petitioner nos. 2, 3 and 4.

9. This application in respect of petitioner nos. 2, 3 and 4 are, accordingly, allowed.

10. Let the petitioner nos. 2, 3 and 4, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount

4/4 each to the satisfaction of learned Judicial Magistrate, Ara, in connection with Chandi Police Station Case No. 221 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023. (Anil Kumar Sinha, J) Raj Ranjan/- U T